“For far too long, our broken and outdated federal environmental review and permitting processes have stood in the way of energy reliability, secure jobs, modern infrastructure and economic growth. The bipartisan reforms we secured in this deal will transform our nation's ability to power our economy and fuel future growth, while continuing to protect the land, water, and wildlife we all cherish.
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Capito, Whitehouse, Lee and Heinrich Strike a 417-Page Bipartisan Permitting Deal and Aim for a Lame-Duck Vote — Whitehouse Says It Will "Flood the Grid With Clean, Affordable Energy and Make Data Centers Start Paying Their Fair Share," and Mike Lee Says America Once Built the Hoover Dam "in Years, Not Decades"
September 30, 2026
On Wednesday, Sept. 30, 2026, the chairs and ranking members of the Senate Environment and Public Works and Energy and Natural Resources committees — Shelley Moore Capito (R-W.Va.), Sheldon Whitehouse (D-R.I.), Mike Lee (R-Utah) and Martin Heinrich (D-N.M.) — announced a bipartisan deal to overhaul federal environmental review and permitting and introduced it as the Bipartisan American Affordability and Jobs Act of 2026. The 417-page bill would shorten review and permitting timelines, protect issued permits from being revoked absent extraordinary circumstances or legal violations, make targeted changes for transmission and other energy projects, and require data centers to pay the transmission costs associated with their operations. Negotiators said the White House was involved and that President Trump supports the deal. The deal came as the Senate left for the midterm campaign, and its sponsors said the first floor vote would come in the post-election lame-duck session in November, with changes expected through a manager's amendment based on feedback from other senators and industry. The same day, Senate Democrats blocked the House-passed Ratepayer Protection Act, a separate Republican bill on data center power costs.
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“The American people want lower energy bills, and they want more clean energy. … If we can pass this bill, we will flood the grid with clean, affordable energy and make data centers start paying their fair share. … This bill is a compromise that will result in a brighter, cleaner, more affordable future.
“[On timing:] What's going to happen in the election? Who knows in five weeks what's going to happen. … Our goal is to have it be the first vote when we come back, and at least to begin the process.
“America is entering a new era of energy demand. We have an enormous opportunity to build big things again to meet this moment. … Our Bipartisan American Affordability and Jobs Act will help us get to 'yes' or 'no' on energy projects faster.
“We once built projects like the Hoover Dam, the Golden Gate Bridge, and the Empire State Building in years, not decades. America still has the resources and the talent, but what too often stands in the way is a permitting system that takes too long and costs too much. … I'm proud we've reached a bipartisan agreement to fix this broken process and get America back to building.
“This is an opportunity for us to unleash American innovation and our incredible skilled labor force to build big things again, and I have to say, I wasn't sure at the beginning if we could all get there.